An Illinois lawmaker has introduced a bill that critics say could make it legal for individuals experiencing a mental health episode to attack police officers without consequence. The legislation, House Bill 3458, was introduced in February by Democratic state Rep. Lisa Davis, an attorney with the Cook County Public Defender’s Office.
The bill proposes a new legal defense for aggravated battery, stating that if an individual assaults a police officer during a mental health episode, they could be exempt from criminal liability—so long as the officer “could believe” the individual was suffering from a mental illness and the person has a documented history of mental health issues.
Davis’ proposal has gained support from two co-sponsors, Reps. Marcus Evans and Kelly Cassidy. However, it has also drawn sharp criticism from law enforcement advocates and public safety experts, who argue that the bill would effectively give individuals suffering from mental illness a free pass to attack officers.
Currently, Illinois law defines aggravated battery as an attack on a law enforcement officer, community policing volunteer, firefighter, private security officer, or correctional institution employee. Under existing statutes, these offenses carry enhanced penalties, recognizing the dangers first responders face in the line of duty.
Opponents of HB 3458 argue that the bill would create a dangerous precedent, making it easier for individuals to evade accountability for violent actions. Second Cop City, a blog that covers Chicago policing issues, was among the first to sound the alarm.
“If this passes, mental illness will be an excuse to attack and beat police officers,” the blog warned. “In fact, who wants to bet there will be thousands of people who suddenly have doctor notes that permit them to attack cops?”
A particularly controversial element of the bill is that it applies only to attacks on police officers. Firefighters and other first responders, such as paramedics, are excluded from the exemption—a detail some have noted is convenient, given that Davis’ husband is a firefighter.
While the bill has been referred to the Illinois General Assembly Rules Committee—often a dead-end for politically unpopular proposals—the mere introduction of such legislation has sparked outrage.
Law enforcement officials argue that rather than weakening legal protections for officers, legislators should focus on improving mental health crisis intervention training and providing better resources for those in need.
